ANANDU MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is the accused in Crime No.443 of 2023 of Eravipuram Police Station. The aforesaid crime was registered alleging commission of offences punishable under Ss. 354D(1), 354(1)(i), 363, 366, 376(2)(n), 450 and 506 of IPC along with Ss. 4(1) r/w 3(a), 3(b), 6 r/w 5(1), 8 r/w 7, 12 r/w 11(ii) (iv) and 15(2) of PCSO Act, 2012 and Sec. 3(2)(v) and 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sec. 66E of the Information Technology Act.

(3.) The prosecution case is that, the petitioner enticed the minor victim belonging to Scheduled Caste Community in the social media and on promise to marry her, obtained nude photos and videos. Thereafter during the month of September, 2021, when the victim was studying in 10th standard, took her in an autorickshaw and kissed her. On 8/11/2021 she was taken by the petitioner on his motorcycle to his house and committed penetrative sexual assault. Similar incidents were repeated on several occasions consequently. Later, on the basis of information furnished by the victim the aforesaid crime was registered in the year 2023, consequent to which the petitioner was arrested on 10/3/2023 and since then he has been under judicial detention. This bail application is submitted in such circumstances.